Hey guys,
I was recently emailed by the owner from Warbird Brewing Company asking me to take down the following site off of my freelance group's portfolio...
www.rogue-effect.com/clients/warbird
The site serves only one purpose: to display my graphical capabilities. I am in no way endorsing, supporting, or (not any more) proposing this site to Warbird or any of their affiliates. It was simply a design mock up for a failed contest at Sitepoint (in which NO winner was chosen). So...Instead of wasting a piece that a lot of people liked, I decided to put it into my portfolio.
Here is the quoted email...
I thought that he was wrong and a little uptight for asking me to do this. No content holder, or potential client have I ever drawn up a mock up for be so anal about displaying the work.
To that email I responded with:
I understand that the DMCA gives me no inherit right to display my work as I said above. I was simply giving a false arguement trying to just end it right then and there. (I understand that can be treading in deep water, but the wording on the DMCA , "
States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..." seems that I am able to use the site for fair use - which is, obviously, what is at stake in this debate.
With a little more persistence, Dave, the owner of Warbird Brewing states the following in an email:
And with that, I have decided to pull down the site temporarily until I find a clearer response from everyone else to make sure that he is indeed allowed to do that.
I do believe him, and believe that I could have stirred the hornet's nest, so before anything happens, I am forfieting my right to display the work.
What do you guys think?